2022 WRITE-ON COMPETITION - LAW REVIEW INFORMATIONAL PACKET Loyola of Los Angeles Law Review - Loyola Law School
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Loyola of Los Angeles Law Review Loyola of Los Angeles Entertainment Law Review Loyola of Los Angeles International and Comparative Law Review 2022 WRITE-ON COMPETITION LAW REVIEW INFORMATIONAL PACKET (With Helpful Hints for Preparing Your Paper)
WRITE-ON INFORMATION HANDOUT 2022 Hello and Welcome to the 2022 Write-On Competition! LMU Loyola Law School is home to three law review journals, the Loyola of LosAngeles Law Review, the Loyola of Los Angeles Entertainment Law Review, and the Loyola of Los Angeles International and Comparative Law Review. Each journal selects its new members through a single combined Write-On Competition. Students participate by completing a citation exercise and writing a “case comment” about an appellate judicial decision selected by the Chief Note & Comment Editors of the three journals. Each journal then uses its own selection and grading process to select candidates. In this handout, you will find useful materials to guide you through the write-on process. This packet includes: (1) Descriptions of All Three Law Reviews (2) Frequently Asked Questions (3) Helpful Hints for Drafting Your Case Comment You can also find information online about the write-on competition at Loyola’s website. Please read this packet carefully. Please do not hesitate to email us at write-on@lls.edu if you have additional questions. You should ONLY use this email PRIOR to packet distribution. In order to ensure the integrity of the law reviews’ blind grading processes, if you have questions AFTER packet distribution on Thursday, May 12, 2022, all questions must be directed ONLY to Professor David Glazier and the administrative coordinator, Colin Goward using the email address: LRAdmin@lls.edu. Good luck on your exams! We look forward to reading your submissions. Sincerely, Jane Kaufman, Candace Sundine, and Graham LaBran-Boyd The Chief Note & Comment Editors from LLR, ELR, and ILR 1
LAW REVIEW INFORMATION 2
LOYOLA OF LOS ANGELES LAW REVIEW The Loyola of Los Angeles Law Review (LLR) is Loyola’s flagship law review and also its oldest, celebrating its fifty-sixth volume in the 2022-2023 academic year. Since 1968, LLR has published articles written by prominent legal scholars, professors, practitioners, and Loyola students. LLR typically releases four issues per year, all of which include student-produced work. LLR is not confined to any one field of law; contributors are free to write about any pertinent legal topic. LLR has two main goals: (1) to promote and advance legal scholarship, and (2) to provide students with an unparalleled opportunity to develop superior legal writing, research, and editingskills. Why Join LLR? Distinguish Yourself in the Job Hunt. LLR membership is a mark of academic distinction that enhances your resume and competitiveness throughout your career. Members receive constant opportunities to hone their research, writing, and analytical skills, adding value to their law school experience. Further, prospective employers—whether Big Law firms, federal judges, government entities, public interest groups, or boutique firms—look very favorably upon flagship law review members. LLR extends invitations to incoming members before Fall On-Campus Interviews, giving members a competitive edge during the selection process. Publish Your Scholarly Work. LLR members have the opportunity to publish their own writing in LLR. Publication is a huge accomplishment that distinguishes you by demonstrating your work ethic and legal writing to employers and judges. Volumes typically include roughly twenty student submissions. Recent topics of student work range from immigration reform to the effect of California labor law on professional gamers. Networking. LLR offers students the opportunity to develop meaningful and lasting relationships with students across sections and class years, as well as with professors. LLR also holds networking events with LLR alumni, who share their insights and experiences to help LLR members achieve their career goals. Satisfy the Upper-Division Writing Requirement. Members can fulfill Loyola Law School’s upper-division writing requirement if they choose to write. LLR members have the opportunity to write a Note, Comment, or Developments Note (explained below). Successful completion of any one of these three options will fulfill the requirement, so long as a faculty supervisor determines that the student’s work complies with all of the upper-division writing requirement. Class Credit. First year staffers will receive one (1) unit of pass/fail academic credit for each semester of participation on LLR, for a total of two (2) credits over the course of the year. How Does LLR Select Its Members? After the write-on competition concludes, LLR invites the top scoring contestants to join as members. The scores are broken down as follows: 45% case comment response, 30% citation exercise, and 25% Legal Research & Writing grade. The essay and citation grades are based on an average of several scores. 3
When Does LLR Begin? LLR is a year-long commitment that begins in early August. Before the fall semester begins, there is a mandatory orientation and training session. At that time, you will receive your first editing assignment. However, you are encouraged to begin thinking of legal topics to write about as soon as you are invited to join LLR. What Work Do Members Complete? First year staff members are essential to LLR’s success. Here’s what to expect: Article Review, Source Collection, and Citations. Your primary job will be to edit articles and ensure that they are free of errors and ready for publication. This includes researching and collecting the sources the articles cite, verifying quotations and information that articles reference, properly formatting footnotes and citations in according to the Bluebook, and making stylistic revisions according to the Chicago Manual of Style and our internal style guide. Editing can often be challenging and time-consuming work, but you will receive constant guidance from LLR editors along the way, and the process will provide you with invaluable experience in the finer mechanics of legal writing and research. Complete Office Hours. LLR aspires to be a community of dedicated and driven students. Accordingly, members are required to spend a minimum number of hours a week in the LLR office. Members often use this time to complete LLR assignments, work on other law school assignments, or meet and socialize with other members. Attend LLR Production Days. You must attend all scheduled “Production Days,” which occur on designated weekends during the academic year (typically two each semester). Production Days are mandatory events and are an integral part in the editing process. LLR’s Writing Opportunities. The Law Review provides its first-year staffers with three unique writing opportunities. Successful completion of each of these options requires approval by a faculty supervisor. Students may write (1) one Comment on a recent and noteworthy case, (2) one Note on a narrowly defined area of law, or (3) be preselected for publication in the Developments issue and write one Note concerning a developing area of California law. The Comment, Note, or Developments Note must exceed 7,500 words, not including footnotes,to satisfy the upper division writing requirement. A student who successfully completes one of these three options can earn two (2) graded credits, in addition to the two (2) pass/fail credits described above. What Happens After the First Year of LLR? In the second semester of your first year on LLR, you can apply for editorial positions for the following year. There are a variety of editorial positions, and you will have the opportunity to interview current editors to determine which position will be the best match for you. The current editorial board selects the incoming editorial board. You may also elect to return as an editor. Editors earn two (2) units of credit per semester and have additional opportunities for publication. If you have any questions about LLR, please feel free to email us at loyola.lawreview@lls.edu. We strongly encourage you to participate in the Write-On Competition and wish you the best of luck. 4
LOYOLA OF LOS ANGELES LAW REVIEW DEVELOPMENTS 2022 – 2023 WHAT IS DEVELOPMENTS? Developments is a specialized issue of LLR focused on developing areas of California law that seeks to place Loyola and its excellent student writers at the forefront of the California legal community. The five student authors for Developments are hand-selected each year based solely on the quality of their LLR write-on submissions. Once selected, Developments authors work closely with an editor and faculty sponsor to produce an in-depth Note on a timely and emerging issue in California law of their choice. WHY PARTICIPATE IN DEVELOPMENTS? YOU GET PUBLISHED. As a Developments author, you are virtually guaranteed publication. Publication is a prestigious and rewarding accomplishment that employers and judges look upon favorably. YOUR RESUME STANDS OUT. Authors are notified of their acceptance into Developments over the summer. This allows authors to inform prospective employers (e.g., Fall OCI) of their preselection for publication, which separates authors’ resumes and interviews from the crowd. YOU HAVE AN IMPACT. Developments authors get to choose a specific area of developing California law on which to write their articles. Thus, authors have the opportunity to cultivate expertise in a chosen field, engage the professional community in that field, and impact emerging issues they are passionate about. IT COUNTS TOWARDS YOUR DEGREE. Developments satisfies Loyola’s upper division writing requirement, and upon completion, authors receive two course credits. HOW TO APPLY FOR DEVELOPMENTS? Produce a great write-on submission and check the Yes box under “LLR Developments” on the Confidential Information Form you will be requested to complete in Brightspace when uploading your submission at the end of the competition. The five applicants with the highest graded submissions are invited to join. Factors for grading include organization, clarity, cogency, and effective use of the source materials. Please note that Developments is a significant time commitment. Authors’ work will begin in August and continue throughout the school year. However, Developments does not conflict with any other LLS activities or opportunities. If you have any questions about Developments, please contact Gregory Alonge at gregory.alonge@lls.edu 5
The Loyola of Los Angeles Entertainment Law Review (ELR) is entering its forty-third year of production. ELR is an authoritative source for professional and scholarly articles on entertainment, sports, communications, and intellectual property law. ELR is distinctive among law reviews and legal journals because it is one of the few scholarly publications dedicated exclusively to legal development in the entertainment field. LMU Loyola Law School is located in the entertainment capital, Los Angeles. This creates a unique opportunity for ELR to flourish and for staff members to write Notes or Comments that ultimately can change the law. ELR’s readership includes leaders in the entertainment world, such as judges, educators, lawyers, agents, managers, and artists. ELR retains its preeminence in the industry through its close contacts and continuing relationships with those at the forefront of legal developments. WHAT IS ENTERTAINMENT LAW? ELR staff writers find that they can explore virtually any area of law in an entertainment context. Entertainment law is a vast subject area encompassing complex legal issues in: ● Constitutional law ● Anti-trust litigation ● Bankruptcy law ● Contracts law ● Corporate law ● Tax law ● Communication regulation ● Labor and employment law ● Sports arbitration ● Intellectual property rights such as copyright, trademark, and patent As the world becomes technologically interconnected, entertainment issues have also become prevalent on an international level. Consequently, entertainment law encompasses areas such as international trade and taxation, finance, and immigration. OUR MEMBERSHIP POLICY The 2022–23 editorial board seeks talented, dedicated, and hardworking staff members to contribute to ELR’s continued success. Each year, ELR welcomes at least 30 staff members to join in the publication of three issues. Each staff member, with the guidance of an editor, has the opportunity to author a piece of legal scholarship to be considered for publication in the journal.Students have the option to submit either a longer Note or Comment that may fulfill the school'supper division writing requirement or a shorter essay. In addition to the flexibility offered for page length, the journal offers staffers with several different timelines in order to accommodate students' diverse needs. The process of writing the Note or Comment requires 6
topic research,consultation with law professors and other subject matter experts, production of at least two drafts within established deadlines, and a demonstrated understanding of the Bluebook. Throughout the production cycles, all staff members are required to complete cite-checking assignments to verify the substantive and technical accuracy of the articles. These assignments include researching and editing student-written Notes or Comments and outside articles to prepare them for publication. The assignments will begin in early fall and continue throughout the school year under strict deadlines. The production cycle culminates on Production Day when staff members perform a final proofreading of the articles for grammatical and footnote corrections prior to publication. Production Days are typically held on Saturdays or Sundays and offer an opportunity for all staffers and editors to come together. ELR membership is a commitment that lasts throughout the academic year. Each staff member must contribute time dedicated to ELR related work and participating in office hours. Staff members who wish to remain on ELR after their first year must apply for an editorial position for the following year. Each spring, members of the current Executive Board select new editors based on the applicant’s individual qualifications, performance as a staff member, such as adherence to deadlines, and demonstrated interest in the continued success of the law review. ADVANTAGES OF MEMBERSHIP ON ELR Prestige Law review membership is a mark of academic distinction that employers look to when evaluating the strength of an applicant’s research and writing skills. Since ELR typically publishes three issues per year, we offer our staff writers a unique opportunity to hone these skills in preparation for summer employment. Additionally, ELR gives its staff writers opportunities to be published. Article publication is a significant accomplishment that the legal community will recognize for the rest of your career. ELR is also a well-respected entertainment publication, and many articles help influence legal changes. As just one example, an ELR article was cited by the California Supreme Court in Marathon Entertainment, Inc. v. Blasi, 42 Cal. 4th 974 in 2008. The California State Legislature also used a student written article published in ELR when it drafted California Civil Code § 1708.8, a statute that seeks to protect the personal privacy rights of celebrities from overzealous paparazzi. Symposium Every year, ELR hosts the Loyola Law School Entertainment Symposium. This multi-day event allows staffers to interact with entertainment industry professionals ranging from executives who work in studios to lawyers in the top law firms. This past year, the Keynote speakers included Professor Julie Shapiro, the Director of the Entertainment and Media Law Institute of Loyola Law School, and Hannah Gordon, the Chief Administrative Officer and General Counsel to the San Francisco 49ers. While the Executive Board secures the speakers, staffers are invited to participatein moderating these panels and engaging with the panelists. 7
Alumni Due to ELR’s distinguished history, staffers receive access to an extensive alumni network. ELR alumni work at some of the nation’s top law firms, entertainment/sport agencies, corporations, and government offices, as such ELR encourages its staffers to learn from those who succeeded before. ELR sponsors alumni panels and events, which also cater to students who seek mentorship during their law school years and beyond. Community ELR offers a fun and intellectually stimulating environment to explore the cutting-edge legal issues of today. Members are inducted into a community of intelligent, fun, like-minded students, providing an ideal environment for entertainment-based scholarship. ELR creates teams to perform production duties based off similar interests and encourages staffers to stayconnected throughout the entire production cycle. Beyond working hours, ELR hosts regular social events to keep members constantly entertained, engaged, and supported. Upper Division Writing Requirement and Flexibility Each staff member who satisfactorily completes a Note or Comment can fulfill Loyola Law School’s upper division writing requirement (UDWR) and earn two graded credits from their supervising faculty member (see Student Handbook for details). These graded credits will not be competitively curved against any other student. In addition to earning one pass/fail credit per semester, the staff members will have the opportunity to publish their work and develop a relationship with their faculty supervisor. In order to receive UDWR credit, staff writers must complete a well-researched article consisting of at least 7,500 words excluding footnotes, double-spaced, in 12-point Times New Roman font. The staff member’s final draft must also receive a passing grade and approval from their individual Note and Comment Editor. The articles are then given to the Executive Board and Faculty Advisor for final approval. While shorter essays will not satisfy the UDWR, these submissions will be considered for publication by the Board alongside traditional Notes and Comments. Essays range from 4,500 - 7,000 words including footnotes (roughly 15 double-spaced pages as opposed to the minimum 33 pages for a Note or Comment). These shorter essays can provide a staffer more of an opportunity to be published. Class Credit Each staff member will receive one pass/fail credit per semester for a total of two pass/fail credits for the year, contingent upon satisfactory completion of the staff member’s ELR duties. Each staff member who chooses to complete a Note or Comment will receive an additional two graded credits for the year. In their second year, each editor who fulfills the editor’s own obligation receives two pass/fail credits per semester for a total of four credits for the year. The Editor-in-Chief can elect to receive one additional credit for a maximum of five credits for the 8
year. WHAT TO EXPECT Staff members are required to attend an orientation approximately 1-2 weeks prior to the start of the fall semester. The orientation is hosted by the editorial board and consists of an informational meeting and training workshop. Subsequently, cite-checking assignments will be distributed on a regular basis throughout the year. ELR encourages all students, especially thoseinterested in an entertainment-related field, to choose Entertainment Law Review. WRITE-ON COMPETITION GRADING DISTRIBUTION There are three components to the write-on competition grading, 1) the competitors’ Legal Research and Writing grade, 2) the competitors’ write-on competition case comment score, and 3) the competitors’ write-on competition citation exercise score. For current Loyola students, ELR allocates the following weights to each component of the grade for the final consideration of applicants’ ultimate admission to ELR: 25.5% LRW grade, 49.5% essay score, and 33% citation exercise. For transfer students, the weights are: 33% citation exercise, 66% essay score. 9
Since 1978, the International and Comparative Law Review (ILR) has published articles written by prominent legal scholars, including professors, attorneys, and jurists from around the world. ILR also publishes quality student articles, generally referred to as “Notes” or “Comments.” ILR publishes multiple issues per year, which often includes a Symposium issue. For example, our 2022 Symposium issue was centered around the discovery and development of the CRISPR/Cas9 family of genome editing tools and its effect upon humanity. This symposium aimed to contribute to the ongoing conversation on the global governance of germline engineering by bringing together international legal scholars, policy- makers and scientists at Loyola Law School, Los Angeles. ILR also runs the unique and prestigious Inter-American Court of Human Rights (IACHR) Project. This project offers students the opportunity to write case summaries that are published on the IACHR database maintained by Loyola Law School. See below for more details. MEMBERSHIP BENEFITS Distinction: ILR stands as a point of distinction for resumes and job applications, demonstrating that members have acquired a high level of technical ability, writing skill, and professional discipline. Furthermore, membership at ILR shows employers that candidates have an interest in multicultural legal topics and matters of international consequence. Skill Building: ILR offers Loyola students the opportunity to critically analyze current international issues from a legal perspective and build practical skills that will assist them in becoming better lawyers. As a 2L ILR staff member, you will hone your critical thinking, legal research, writing, and editing skills. As a 3L ILR editor, you will further develop leadership and management skills. Publication: Each year ILR publishes several high-quality student Notes and Comments. Having a published article speaks highly of your legal analysis and writing skills and is valued by future employers. Students who participate in the IACHR project will be almost certainly guaranteed publication on the IACHR database. 10
Networking & Community: By joining ILR, Loyola students have access to a tight-knit community on campus and a large network of ILR alumni. Our large office serves as both a superb work environment, but also a much-needed nexus of great conversation, mentor support, and good coffee. Satisfying the Upper-Division Writing Requirement: By submitting a qualified Note or Comment, or participating in the IACHR project, students will fulfill their Upper-Division Writing Requirement and earn two graded credits from their supervising faculty member. SELECTION PROCESS Each year ILR selects approximately 35 highly skilled staff members based on the quality of their write-on competition submissions. Membership is open to day students entering their second or third year and evening students entering their third or fourth year. After the write-on competition concludes, ILR invites high scoring contestants to join as members. The scores will be broken down as follows: 50% essay response, 25% citation exercise, and 25% Legal Research & Writing grade. The essay and citation grades are based on an average of several scores. ILR is a year-long commitment that will begin in August. There will also be a mandatory orientation in August before the start of the fall semester. ILR staff members will receive one pass/fail unit per semester, as well as two graded units if they choose to write a Note or Comment or participate in the IACHR Project. MEMBERSHIP RESPONSIBILITIES All ILR members are staff members for their first year on the law review and play a crucial role in the publication process. ILR staff members have the following responsibilities: Article Revision, Editing, and Cite-checking Assignments: In order to prepare scholarly articles for publication, staffers work under the supervision of 3L editors to review the articles for grammar and substantive errors, correct citations to bring them into compliance with the Bluebook, and verify the authors’ cited sources for accuracy. This detail-oriented review is necessary to ensure that the articles are ready for publication and gives staffers the experience that will enable them to take their legal research and editing skills to the next level. Assignments are handed out on a weekly basis and deadlines are strictly enforced. Production Days: Each staffer is required to attend scheduled “Production Days” on designated Saturdays or Sundays during the school year. There will be approximately two Production Days in the fall and two in the spring semester. \ 11
INTERNATIONAL LAW COURSE ILR staff members who have not already completed Introduction to International Law as a 1L elective or enrolled in a qualifying summer offering are required to take one international law course in either their first or second semester of their second year. (NOTE: International law course offerings are typically more limited in the Spring semester, and there is less time to employ the knowledge gained in the service of the review. So, staffers are encouraged to take an international course that satisfies this requirement in the Fall 2022 semester). Participation in an international law focused summer abroad program sponsored by an ABA accredited law school may satisfy this requirement. The list of required courses will be determined prior to Fall registration. WRITING We strongly encourage each staffer to either write a Note or Comment or participate in the IACHR Project. In addition to earning two graded credits, students who write will have the opportunity to be published and develop a relationship with a faculty supervisor. Note or Comment: The Note or Comment topic must be of contemporary international legal significance. Each staff member electing to write will select the subject of his or her Note or Comment at the beginning of the Fall or Spring semester, with the help and input from ILR Note and Comment Editors. Note: A Note is a law review article that addresses a legal issue and makes a novel and coherent argument about that issue. In keeping with the nature of our Review, the topic must be either International (discussing international laws, bodies, trends, conflicts, etc.), or Comparative (comparing the laws/standards of different countries and analyzing how that conflict affects something/someone/etc.). Comment: A Comment is an article that analyzes a court decision and the potential effect of that decision. While students may select a decision from a U.S. court, the bulk of the paper must discuss the potential effect of that ruling in another country, or how another country has approached a similar issue. Successive drafts of the Note or Comment are due on announced deadlines, with the final version due approximately at the end of Spring or Fall semester. The staff member’s final Note or Comment will satisfy the Loyola Upper Division Writing Requirement – provided that it meets the mandatory 7,500-word minimum length requirement and represents publishable quality – as well as earn the staffer two units of graded credit. \ 12
Note & Comment Editors support and guide staffers through the writing process in a collaborative, streamlined framework. Editors work with students to help them develop ideas, refine their writing style, and make substantive improvements to each draft iteration. IACHR Project: The Inter-American Court of Human Rights (IACHR) is an international tribunal that renders decisions on human rights abuses in the Americas. Although the Court has rendered decisions since the 1980s, there were no detailed summaries of the decisions publicly available, which made human rights enforcement difficult, frustrating, and inefficient. Under the leadership of Professor Romano, ILR has provided a solution to this problem through the IACHR project. Since 2013, the IACHR Project has published summaries of IACHR decisions. The Project also launched a web publication and database of Court decisions and summaries, which is used by scholars, students, and human rights practitioners to improve the protection of human rights in the Americas. All IACHR staffers who satisfactorily complete their writing assignments will be guaranteed publication in IACHR’s online journal, as the Project aims to publish all staffers’ summaries. Staffers and editors are identified as coauthors in every published summary. The IACHR schedule is created so that the fall writing component is completed well before finals and the substantive writing is completed by February of the spring semester. Each IACHR staffer is responsible for completing several summaries of the Inter-American Court’s decisions. Editors serve as summary co-authors and provide stafferswith extensive feedback and support. In past years, IACHR staffers have written summaries on such subjects as the massacre of indigenous people in Guatemala and El Salvador, forced disappearances in the Dominican Republic, and the mandatory death penalty in Barbados. Incoming staffers on the IACHR Project will have the unique opportunity to simultaneously learn about human rights issues, develop as writers and researchers, work as part of a close-knit team, and know that their work has a positive impact on others. EDITORIAL BOARD During the spring semester, current members of the editorial board elect and train staff members to serve as editors for the following year. There are many options for editorial positions, and you will be able to meet with current editors to determine which position youare most interested in. Editors are selected based on their effort, quality of work, and overallcontribution to ILR throughout the year. 3L editors receive two units per semester. We encourage your participation in the write-on competition and look forward to your involvement next year as a member of ILR! If you have any questions, we encourage you to email us at ilr@lls.edu and check out our websites at http://digitalcommons.lmu.edu/ilr/ and https://iachr.lls.edu/. Good luck with finals and the write-on competition! 13
FAQS 14
FREQUENTLY ASKED QUESTIONS 1. What is law review? A law review is a student-run academic journal that publishes articles written by students, law professors, and other legal professionals. Law review editors (first year students are called “staffers”) prepare these articles for publication by checking that the citations are correct, and that the sources say what the author is asserting that they do. This work is very technical and detailed oriented. A single production cycle, of which LLR has four and ILR/ELR have three or four depending on the year, takes weeks to complete. The cycle culminates in a “production day” in which the article is reviewed by many students in its entirety. Production days usually happen on a weekend day. 2. Who is eligible to enter the Write-On Competition? The annual Spring Write-On Competition is open to: ● First and second year day students ● Second and third year evening students ● J.D./M.B.A. dual degree program students (please see item #9 below) ● Students on academic probation are eligible to participate in the Competition. However, only those students in academic good standing are eligible to become staff members. Thus, students must be removed from academic probation before they can be selected for membership. All students interested in becoming a member of ELR or ILR or LLR must complete a Write-On packet. ● Eligibility: A student is defined as "eligible" to participate in the write-on competition if he or she is a qualified day, evening, or transfer student, andobtains the write-on packet during the scheduled pick-up date and time, adhering to all rules stipulated within said packet. 3. What is in the Write-On packet? The Write-On packet includes everything you need to know to complete the Competition. Included in the packet are: Source Materials – The packet contains all the source materials you will cite in your paper. Do not use any sources other than the packet, the Twenty-First Edition of the Bluebook, and the Chicago Manual of Style (optional). Use of outside sources will result in disqualification from the Competition. For purposes of the competition, assume each source is good law. Source materials may range from cases, statutes, legislative history, law review articles, newspaper articles, or even comic strips. Rules Sheet – The rules are numerous but important. Be sure to follow them. Deviation from the rules may result in disqualification from the Competition. Format Sheet – The Format Sheet gives the technical format requirements of the submissions. Deviation from the format requirements may result in point deductions or even disqualification from the competition. Grading Sheet – This sheet provides the general grading consideration by the Law Reviews. Use as a checklist to evaluate your own submission. 15
Topic Sheet – This sheet gives you guidance on the issue presented by the source materials. This may be the most important part of the Write-On packet Its purpose is to narrow the scope of your discussion. This year, participants will be writing a case comment. Source Material List – This sheet lists all the source materials contained in the packet and the number of pages. Do not assume that the name of a source on this list is the proper name for citation purposes. Citation Sheet – The Write-On Competition and the Law Reviews follow the Bluebook rules of citation. The Citation Sheet provides general guidance on using the Bluebook. Pay attention to this sheet as you are expected to follow it—particularly where it tells you to disregard certain Bluebook rules. Supplementary Citation Assignment – This is a citation checking exercise that is in addition to the endnotes you do for your individual paper. Check the footnotes and make changes to ensure they conform to Bluebook standards as modified by the Citation Sheet. Submission Guidelines – This sheet sets forth detailed instructions for submitting your application. Be sure to follow these carefully. 4. How do I sign up for the Write-On competition? All students must sign up for the write-on competition through the form listed on the law review website: https://www.lls.edu/academics/lawreviews/lawreviewswrite- oncompetition/. The link is accessible starting March 28, 2022. Completing the form will result in you being assigned a three-digit packet number which you will use to identify your submission in the blindly graded competition process in lieu of your student ID number. Without a packet competition number, you CANNOT participate in the write-on competition, so completion of the E-Form is essential. Our IT department will take the information from this e-form and enroll all the entrants in a special Brightspace Write-On Competition “Course.” Once the competition begins on Thursday May 12, 2022, you will be able to access the tryout materials on this course page. Your final entry will just need to be uploaded electronically as an assignment before the final deadline of 11:59 pm on Monday, May 23, 2022. There is NO need to submit anything in hard copy. You can complete the competition anywhere in the world; you will just need internet access to submit your final entry. You can continue to request an electronic copy even after the competition begins. Students will have about 11 days, including two full weekends, to complete the write-on this year. Our assessment is that a fully competitive entry can be completed in about 60 hours of work, beginning from the time you first start reading the materials. 5. When, where, and how do I pick up the Write-On packet? ELECTRONIC DISTRIBUTION All students participating in the competition will be given access to an electronic version of the full competition packet on the Write-On competition Brightspace page at noon on May 12, 2022. 16
HARD-COPY DISTRIBUTION Students signing up via the Law Reviews Write-On Competition (WOC) Sign-Up Link prior to 11:59 pm on April 30, 2022 may also request to receive one printed copy of the competition materials from the law school. There is no cost for copies picked up on campus or mailed to evening students in their first year of contest eligibility (i.e., 1Es applying for transfer to the day division and continuing evening students completing their 2E year). Any other student may have their requested hard copy mailed to them for a $10 fee (payable online when the copy is requested) to cover mailing costs. Hard copies may be picked up on campus up (location to be determined- please check the Brightspace page) between Noon and 5 pm on May 12, 2022. Copies not picked up during that time window will be delivered to the Security Office at the entrance to the parking garage where they may be picked up at any time thereafter. That office is accessible 24/7 throughout the competition period. REMINDERS: ANY COLLABORATION OR CONSULTING OUTSIDE SOURCES WILL RESULT IN DISQUALIFICATION FROM THE WRITE-ON COMPETITION. THERE IS NO DIFFERENCE BETWEEN THE ELECTRONIC COPY AND THE HARD COPY. IT IS SIMPLY THE FORMAT IN WHICH YOU CHOOSE TO RECEIVE THE WRITE-ON MATERIALS. 6. What if I cannot pick up my Write-On packet in person? If you cannot pick-up your Write-On packet in person, you may have another person pick up a packet on your behalf. However, that person must have your Student ID number. Packets will not be released without a Student ID number. 7. When, where, and how do I return the completed Write-on packet? Packets are submitted through Brightspace. The deadline is 11:59 pm on Monday, May 23, 2022. REMINDERS: LATE SUBMISSIONS WILL NOT BE ACCEPTED. The competition is designed so that it can be completed within the span of two weekends – about 60 hours. 8. How does the Competition work if I am an incoming transfer student? Incoming transfer students are eligible to participate in a flexible ten-day period in August once they have confirmed acceptance of an offer to attend Loyola. Each incoming transfer will be individually notified of the transfer competition procedures following their acceptance. 9. How does the Competition work if I am a student in the J.D./M.B.A. dualdegree program? J.D./M.B.A. dual degree program applicants must compete in the Spring Write-On Competition, even though applicants will not be notified of admission decisions until August. If a J.D./M.B.A. applicant is accepted into the dual degree program and is selected by one of the law reviews, they may defer acceptance of a staff position until the following year. However, J.D./M.B.A. students who intend to complete the dual degree program in less than four years 17
(e.g., those who obtained an undergraduate degree in business) are eligible to become staff members this Fall. 10. How will my application be judged? All applications will be anonymously graded by the Law Reviews’ editors using uniform standards. The primary criteria for review, not in any particular order, are: structure, organization, clarity of presentation, depth of analysis, and proper citation. You must also distinguish relevant from irrelevant materials and properly identify issues. 11. How are staff members selected? Students are invited to join ELR, ILR, and LLR through the Write-On Competition. Legal Research and Writing grades will be considered as one of the components weighted into the selection decision. Additionally, twenty-one students, consisting of the top four with the highest cumulative grade point averages from each of the four day first year sections and from the evening second year section, plus the one student with the next highest cumulative grade point average regardless of section, will be offered the opportunity to be placed on the staff of the Law Review of their choice, provided that they have submitted a writing packet which the Faculty Advisors determine represents a good faith effort. To be clear, ANY student desiring to earn a spot on a law review – whether based on grades or their performance on the competition packet – must register for the competition following the procedures outlined above AND complete an entry fully compliant with all competition rules. 12. When can I expect to hear the results of the Competition? The administration will issue invitations to students based on the submission rankings provided by the three law reviews over the summer. We will render decisions in time for students to update their resumes to document law review selection in early July before the first batch of resumes are sent out to OCI employers. Do NOT delay submitting your resume to Career Developments because you are waiting on Write-On Competition results – you must meet the established deadline to be eligible to participate in OCI. 13. What are the general rules? • All research materials are provided in the Write-On packet. • You may not conduct any additional research, nor is it necessary. Conducting additional research will result in disqualification from theCompetition. • You may not collaborate with anyone concerning your application. Collaboration with others will result in disqualification and subject you todisciplinary action per Loyola’s policies. • Any outside assistance is absolutely prohibited. You may not discuss or consult with anyone regarding the application including family, friends, professors, lawyers, or other students. Violation of this rule will result in disqualification and potential disciplinary action. • Comply with all formatting requirements. Set up the margins, font, font-size, headers, and page numbers ahead of time. You don’t want to worry about formatting at the last minute. • Deadlines will be strictly enforced. Late applications will not be accepted 14. Does the Competition make disability accommodations? 18
Yes! Loyola Law School complies with the Americans with Disabilities Act of 1990 and with Section 504 of the Rehabilitation Act of 1973 as amended. Specifically, we provide reasonable accommodations to meet the needs of individual students. Students must follow the Law School's Accommodation Request Procedure. If you have a temporary or permanent disability that may require reasonable accommodation including the Write-On, we encourage you to request accommodations as early as possible to enable timely implementation of any approved requests. Please see the Law School's policy and procedures by clicking the link below: https://my.lls.edu/studentaffairs/disabilityaccommodations All requests for accommodations during the Write-On Competition are handled exclusively by Student Accessibility Services in the law school’s Student Affairs Office. Please direct all disability related questions only to that office. 19
WRITE-ON COMPETITION 1. CASE COMMENT 2. SUPPLEMENTAL CITATION EXERCISE 20
CASE COMMENT WRITE-ON 101 This is the first year we will be doing a case comment as the essay component of the Write-On Competion. The following section is modeled on Georgetown University Law Center’s How to Write a Case Comment information packet. Please see https://www.law.georgetown.edu/wp- content/uploads/2021/03/2020-Sample-Contents-and-Case-Comment.pdf for a sample submission. (If this is a broken link, please go to the main website here https://www.law.georgetown.edu/experiential-learning/law-journals/write-on/ and find “sample materials & case comment” at the bottom of the page). What is a case comment? A case comment is a short paper analyzing the decision in a particular case. The comment lays out a court’s decision and tells the reader your opinion about the decision. The comment is limited to a maximum of ten pages of double-spaced text including the substance of your essay and endnotes. Reading the sources The source materials contain the text of the case you are tasked to write about, as well as a number of related sources – such as prior cases, law review articles, etc., that you may cite in your comment. Read the Source Materials multiple times. A working knowledge of each source is necessary and extremely helpful. (a) First Reading – Get a general sense of what the sources discuss. Do not worry about identifying any issues or arguments. Until you have read all of the materials, you will not know how they fit together. You may choose to read the documents in the order they are given to you. However, you may also decide to read the sources chronologically or in order of importance. (b) Second Reading – Summarize each of the sources. Start thinking about your approach to the topic and how each of the sources will fit. Make sure not to confuse a lower court case with the case you are supposed to be analyzing. The other cases and materials are included to give you context for the principal case. Selecting a Topic There are many options you have to analyze the case: 1. The case was decided incorrectly. This is a common approach. Be careful not to reiterate the dissent or just explain where the court went wrong. Rather, you must attack the court’s analysis. Did the court apply the correct law but come to the wrong conclusion when compared with other precedential cases? Did it apply the incorrect law? 2. The court came to the correct conclusion but used the wrong analysis. While you agree with the court’s decision, you believe that the court used the wrong law or focused on the wrong part of the applicable law. If using this approach, either identify what the proper law was, where you identified it in another case, and why it is more proper for the legal analysis or explain why the court analyzed the correct law incorrectly yet came to the correct conclusion. 21
3. The court failed to understand an important part of the law/context/. Maybe the court did not consider an important issue that other courts should consider in the future. Are there policy or equity considerations that override a given law or otherwise are a factor in the outcome? 4. The court is correct. Taking this approach is dangerous, but doable. Make sure this is not just a recitation of the facts and analysis of the principal case. An effective way to do this is to write from a defensive standpoint, anticipating and dismissing of any counterarguments. 5. There is a better approach to this problem than courts have been taking. Perhaps you don’t believe the way courts have been addressing this problem is logical, and you have a new approach that courts can use to achieve consistent results that are supported by public policy. You should apply your new standard or approach to the principal case and compare it to the old approach. NOTE: Whichever option you choose, please make sure you are contributing your own original analysis. Do not simply summarize what the court said in the majority or dissent. Analyze all given material and make an argument. Also, sometimes less is more. It is not necessary to come up with a grand idea. Legal writing is about making a clear and concise argument for your reader to understand and be persuaded by. Format of a Case Comment Your comment should include the following basic elements: 1. Introduction (3-4 pages) a. Facts of the Case b. Holding c. Roadmap 2. Analysis (3-4 pages) 3. Conclusion (1/2 page) 4. Endnotes (2-3 pages) REMEMBER: Your comment MUST NOT exceed 10 pages, including endnotes. Points will be deducted if this is not followed. Introduction: The introduction should begin by catching the reader’s attention. It then should explain what the comment is about and why it is important. You should assume the audience does not know the problem as well as you do, so be clear in your writing. Next, you should explain the facts of the case and the holding. Finally, you should end with a roadmap of your paper. The roadmap should position the reader to understand what they will be reading about in the upcoming pages. It should also clearly 22
state your thesis. It is perfectly acceptable to use language like “This comment will argue” or “Part one of the comment will analyze”. Analysis: This is the most important part of your paper. The analysis should have headings and subheading, which will guide your reader. Make sure this section follows the roadmap you have provided above. It may make sense to put your strongest arguments first and make sure to address any important counterarguments, but how you structure your argument is up to you. You may not be able to discuss everything you want to, so think about what the most important information is to convey. Conclusion: Your conclusion should be very brief (one or two sentences). It is a good idea to restate your thesis with your main arguments. Endnotes: Unlike in your LRW memos, you are NOT putting citations directly into the text. All citations will appear at the end of your comment in an endnote section. There are three reasons you may use an endnote: 1. To provide a citation: Anytime you cite to an authority in the text, you must include an endnote with the technical citation. Be very cognizant of the Bluebook rules around citing to cases for the first time. 2. To support a proposition: when you make a legal proposition, you must cite to a source to back it up. You may want to use Bluebook signals (Rule 1.2) or use a parenthetical to explain how the citation related to the proposition. Use parentheticals only when they are appropriate. 3. To make ancillary points: If you have a point to make that is either distracting if put in the text or it simply takes up too much room, consider making that point in an end note. REMEMBER: Endnotes MUST be technically correct. A lot of the work we do as staff editors on our law reviews is correct citations to conform with the Bluebook. Technical errors are distracting and will be reflected in your grade for the Comment. Technical Rules What this section refers to as “Technical Rules” are Stylistic Rules and Citation Rules. Of the two, citation is the most important for you to consider and is the principal focus of this section. The technical accuracy of your paper is probably the single most important factor of your paper. This does not mean that you should ignore good organization and style, but that you should put as much effort into ensuring that you have followed all therules as you do in the other aspects of your paper. A. Stylistic Rules The principal guide for stylistic rules is the Chicago Manual of Style (“CMOS”). The CMOS pretty much has an answer for every grammatical question you might have but were afraid to ask. For example, the use of “that” and “which," hyphenation, and numbers. Loyola has a subscription to CMOS, so you can access it by going to Loyola’s library website (library.lls.edu) and searching for "Chicago Style Manual" in the search box (catalog). Click on the Website link below the title to access. 23
CMOS is not required or necessary for completing your write-on paper. We are giving you this information so that if you do have questions, you know where to look. B. Citation Rules Every quote, every statement of fact, and every statement which is not your own opinion or hypothetical MUST be cited. When you identify a source (such as a casename) this must be cited. This includes statements you make in your endnotes. Citations direct the reader to the source of the information, tell the reader how recent orvaluable the information is, and explain how the citation relates to the article. General Method of Citing 1) Identify the statements in your paper which need a citation. Do this during each step of the writing process. 2) Locate the source or sources which support your statement. Do this at each step of the writing process. If you are unable to locate a source, try to rewrite what you’re saying. Often, statements of opinion are written as statements of fact. Rewrite these statements so that the reader knows that this isyour own opinion. 3) Confirm that each source says what you say it says. This is critical. If you are quoting a source, the quote should match the source exactly, subject to any alterations or omissions which are reflected in your quote. See BB 5. If you paraphrase, be sure to do so accurately. 4) Determine the type of sources you are using for your support. Is the source a case, constitution, statute, journal article, other periodical, legislative material, book, etc.? The type of source dictates which source specificrule you will use. Note: In the Write-On Competition, if you are uncertain about what type of source you are dealing with, then make your best guess and use that rule. 5) Evaluate how strong the support is for your statement. This determines what signal you will use. See BB 1.2 for a list of signals. 6) Group the sources according to how well each supports your argument. All sources are grouped according to their signal. The groups are then ranked according to each signal’s relative strength—which is simply the order in which they appear in BB 1.2. See BB 1.3. 7) Order the sources within each group according to their relative value. Put your strongest authority within each signal first. Otherwise, cite authorities in the order below per BB 1.4. 8) Determine if any additional information is required to make the relevance of your source clear. This additional information will either appear in a parenthetical as part of the citation or as a separate sentence following the footnote. If the information appears as a separate sentence, that sentence must be followed by the appropriate citation. See BB 1.1. 24
Some BB Rules require or recommend parenthetical explanations. See, e.g., BB1.2(a). If the Bluebook “encourages” the use of a parenthetical, you should take that to mean that a parenthetical is required. The Bluebook can roughly be divided into the four following sections: ● General Rules of Citation and Style: Rules 1–9. ● Source Specific Rules: Rules 10–21. ● Tables and Abbreviations: Table 1–16. ● Index You should read through the General Rules section and be familiar with it. You should also read some of the more common Source Specific Rules: cases, statutes, and secondary materials. You may want to scan the remaining rules so you have an idea of what is in there. By looking through all the rules you may find an example of a citation which helps you with a difficult source. All of these sections work together to guide you in constructing your endnotes. Constructing Your Endnotes Each section of the Bluebook is structured in the same way. ● Each section begins with a whole number rule (1, 2, etc.). This is the general rule summarizing all the rules contained in that section. ● Each of the rules applies to a particular element of the general rule. ● Where applicable, each rule cross-references a table or practitioner’s note in the margin. Short Citations Short citations should be used once you already provided a full citation for the source provided that (1) it will be clear to the reader from the short form what source is beingreferenced, (2) the earlier full citation falls in the same general discussion, and (3) thereader will have little trouble locating the full citation quickly. Proper use of short citation forms is correct Bluebook format. Incorrect short-citing is probably the most common citation error made in the write-on competition—it is also one of the easiest to spot. So don’t forget to short-cite. Please familiarize yourself with Bluebook Rule 4.1–4.2. Helpful Hint: You should either full cite every source as you are writing your paper or use a form which allows you to easily identify the source. You should then change the full cites into short cites towards the end of the writing process or as part of your final edit. If you short cite your sources as you are writing and you later move or delete the full cite, you won’t know what source your id. refers to. 25
SUPPLEMENTAL CITATION EXERCISE What does the citation exercise consist of? The exercise consists of several citations containing a number of errors. Your job is to fix the errors using the rules from the Bluebook. You will not be provided with the source material the citations are referring to. Thus, you are not responsible for the substantive information within the citation. For example, you are not responsible for making sure that a date of a statute is accurate. Your job is to make sure the formatting of the citation (typeface, spacing, punctuation, order, abbreviation, capitalization…etc.) is appropriate. Tips & Tricks 1. Familiarize yourself with the rules beforehand: Before you can decide which rules apply to a citation, you need to know what rules there are. The Bluebook is divided into “blue pages,” “white pages,” and “tables.” Within each of these parts, there are several rules. One way to remove some pressure from the write-on competition week, is to skim the Bluebook beforehand to familiarize yourself with the different sections and general rules. 2. Identify applicable rules: During the competition, you want to identify what rules apply to the citation you are working on. Generally, there are two types of rules you want to keep in mind: source-specific rules, and general formatting rules. a. Source-Specific Rules: Bluebook rules 10-21 are source-specific rules, meaning the rules apply to a specific type of source material. For example, rule 10 explains citing to cases. Look at the citation and identify the kind of source that is being cited to. Sometimes, identifying the type of source will be straightforward. For example, when you see the name of a case, you know Bluebook rule 10 will be implicated. Other times, the source may be obscure and may seem to fit into two different rules. This is often the case with internet sources. b. Formatting Rules: Formatting rules 1-9 are rules that give guidance on the structure or format of a citation. For example, rule 8 deals with capitalization. Usually, source specific rules (10-21) will tell you how to format a certain part of a citation. Other times, the source specific rules will refer you to one of the general formatting rules. For example, rule 15, which deals with formatting nonperiodic materials and books, says that the title of nonperiodic materials should be “capitalize[d] according to rule 8.” These rules often work together, so part of the exercise tests your ability to use different rules at the same time. One helpful method is to, first, determine what kind of source material your citation is referring to. Second, identify what source-specific rule(s) to apply. Third, unless the source-specific rule(s) identifies the proper format of a citation, refer to the general formatting rules to make sure the citation is properly formatted. 3. Different sources trigger different rules: Some rules are seemingly in conflict. For example, some rules require that “federal” be abbreviated to “fed.,” while others require abbreviating to “F.” Determining how to abbreviate “federal” depends on the kind of source being cited. Thus, identifying source-specific rules is important because different sources trigger different rules. 26
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